Client, a 24-year-old citizen of Mexico and lawful permanent resident of the United States, recently had his application for Cancellation of Removal cancelled. After three months in detention, he is now home with his family.

Client first came to the United States in 1994 and later became a lawful permanent resident in 2002. In 2015, client was charged as a lawful permanent resident who was removable due to two (2) marijuana possession convictions in Texas. Pursuant to INA § 237(a)(2)(B)(i),

any [foreign national] who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, The United States, or a foreign country relating to a controlled substance, other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable.

Upon a determination that Client was, in fact, removable, he was taken into custody in Texas and then transferred to the Federal Detention Center in Batavia, New York to appear before an Immigration Judge.

To be eligible for Cancellation of Removal, an individual must: (1) have been a lawful permanent resident in the United States (with a green card) for at least 5 years, (2) have continuously resided in the United States for 7 years (after having been admitted to the United States in any status and before committing whatever offense makes the person removable); and (3) cannot have been convicted of an "aggravated felony."

After reviewing Client's case, it was evident that he was eligible for Cancellation of Removal. However, in addition to being statutorily eligible, Client would also need to highlight the positive equities of his life, any rehabilitation, and remorse for his criminal activity. In addition, Client's family and close friends would would need to attest to his strong moral character, and any hardships faced if Client was removed from the United States. Fortunately, Client's family was eager to testify and submit letters attesting to his moral character.

If you are in removal proceedings and believe you may be eligible for Cancellation of Removal for Certain Permanent Residents, please call my office to discuss your case.